Terms & conditions
Policy updated on Tuesday 21 March 2023 at 16:44
APPLICATION
1. The below terms and conditions (the “Terms”) are legally binding between Mona and you in relation to the Goods and Services (which for the avoidance of doubt, includes Tickets and Monay (“Mona Gift Card”), the Sites and Platforms.
2. The Terms apply each time you purchase or access the Goods and Services (including where the Goods and Services are provided to you for free), enter our Sites, or use our Platforms.
3. The Terms also incorporate each of the following:
a. Supplementary TAS Residents Terms;
b. Ticketing Terms;
c. Resale Terms;
d. General Terms;
e. Platform Terms;
f. Definitions;
g. Privacy Policy;
h. Mona Gift Card Terms; and
i. any other terms, conditions, statements, and directives, set out by Mona from time to time.
4. For the meaning of all capitalised terms used in the Terms which are not otherwise defined within the body of the Terms, please refer to the Definitions.
5. Mona may vary, update, and/or modify the Terms from time to time (at our sole discretion) by posting the updated Terms on the Website. Except where required by law, we are under no obligation to provide you with individual notice of any changes. As such, we recommend that you regularly check the Website for updates. Your continued use of the Goods and Services after such changes will signify your acceptance of the amended Terms (as applicable).
6. If you do not agree with any of the Terms, then please do not purchase or continue to access or use the Goods and Services, enter our Sites, or use our Platforms.
7. By using or purchasing any Goods and Services:
a. you warrant that you are over the age of 18 and have the right and authority to enter into a binding contract with us and are not prohibited from doing so under any applicable laws, rules, and regulations;
b. If you are not 18 years or older, you warrant that your parent or guardian consent to your purchase of our Goods and Services, agree to these Terms, and undertake to be liable for the same on your behalf;
c. If you are under age 13, you may not, under any circumstances, or for any reason, purchase any Goods and Services;
d. you warrant to us that you will not use any Goods or Services (including any Mona Gift Card) in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers;
e. you acknowledge that we may, in our sole discretion, refuse to offer Goods and Services to any person or entity and may change the eligibility criteria for access to the Goods and Services at any time; and
f. you acknowledge that we collect personal information about you in accordance with our Privacy Policy.
SUPPLEMENTARY TAS RESIDENTS TERMS
1. All residents of Tas Residents will be required to pay a five dollar ($5) holding fee at the time of booking their Ticket for museum entry (“Holding Fee”).
2. If the Tas Resident uses their Ticket by attending the Site on the scheduled day and time as set out on their ticket (“Entry Time”), then:
a. within 14 days of the Entry Time, Mona will send an email to the email address connected to the booking of the Tas Resident, with instructions on how to apply to receive a rebate equal to the Tas Resident’s Holding Fee (“Rebate”);
b. the Tas Resident will have 28 (twenty-eight) days from the Entry Time to apply for the Rebate (“Rebate Period”).
3. You agree and acknowledge that, as a Tas Resident, if you do not use your Ticket for museum entry at the Entry Time, or do not apply for the Rebate within the Rebate Period, you will forfeit the Holding Fee paid by you, which Mona will use to cover its reasonable administrative costs.
TICKETING TERMS
Application
1. These Ticketing Terms apply in relation to any Tickets purchased directly from Mona by you or on your behalf. Tickets purchased from Official Third Party Ticketing Partners will be subject to their own ticketing terms. You agree and acknowledge that by purchasing any Tickets you are bound by the relevant Ticketing Terms and our General Terms apply as a condition of entry to our Sites and/or to access or use our Goods and Services.
Changes to Advertised Goods and Services
2. Mona reserves the right to change, add, withdraw, substitute or vary any advertised program, its entry and exit times, its amenities and facilities, and any attractions or entertainment at Mona’s sole discretion without prior notification. You acknowledge that, except where otherwise required by law, Mona does not make any representations or warranties in respect of the aforementioned factors, and you have not relied on any representations or warranties regarding the above in connection with your purchase of a Ticket.
Purchase of Tickets
3. Mona reserves the right to enforce any published limit on the number of Tickets that can be purchased by any one person, and any Tickets obtained above such limit by any one person will be invalid.
4. No other ticketing platforms other than Official Third Party Ticketing Partners are permitted to sell any of the Tickets.
5. Sales of Tickets may be subject to, in addition to the Terms, the terms and conditions of Official Third Party Ticketing Partners or Payment Partners, and you are solely responsible for paying any and all costs, taxes, booking fees, and other charges in connection with the purchase, including but not limited to transaction and processing fees (which for the avoidance of doubt are additional to the advertised Ticket price).
6. Tickets may not, without the prior written consent of Mona, be re-sold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including but not limited to competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent holder. If a Ticket is sold or offered for resale or used in breach of this condition, the Ticket will be invalid and the holder of the ticket may be refused admission or ejected from the Sites without a refund.
Validity of Tickets
7. Mona will grant you entry to the Sites and/or access to the Goods and Services upon presentation of a valid Ticket.
8. Except where required by law or otherwise detailed in these Terms, all Tickets are:
a. non-refundable;
b. valid only for the specific Goods and Services for which they have been issued;
c. valid only if payment has been made in full prior to entry; and
d. valid only for the specific date, time and any other conditions stated on the Ticket (or sales receipt).
9. Mona may refuse entry to the Sites and/or access to the Goods and Services if you are late, and you will not be reimbursed or refunded for your Ticket in such circumstance.
10. Tickets must be treated like cash. Tickets will be deemed invalid if:
a. they are lost, stolen, destroyed, tampered with, defaced, or damaged so that Mona cannot verify the authenticity of the Ticket (e.g. through proof of purchase); or
b. Mona reasonably suspects that fraud, scalping or other improper use has taken place.
11. For certain Goods and Services, Tickets will have your name printed on them or will be otherwise registered to your name. You are responsible for checking all information provided at the time of purchase is accurate and correct. Staff may check your Photo ID to ensure the name on your Photo ID matches the name on, or registered to, your Ticket. If the name on, or registered to, your Ticket does not match the name on your Photo ID, your Ticket may be invalid. The name on your Ticket, or the name to which your Ticket is registered, may be changed by contacting Mona only. Please note changes may be subject to payment of an administration fee.
12. You must not attempt to duplicate or re-use your Ticket for the purpose of enabling another person to use the Goods and Services to which your Ticket relates. If your Ticket is validated by another person for whatever reason, no further entries will be permitted in respect of that Ticket. Any person found without a valid Ticket may be refused entry or ejected from the Sites (as applicable) and you will not be entitled to any refund or reimbursement.
13. Any complimentary Tickets may not, without the prior written consent of Mona in each instance, be sold, transferred or used by anyone other than the person whose name is on the Ticket or to which the Ticket is registered.
14. Unless otherwise provided for in these Terms, or as required by law, Tickets are not exchangeable or redeemable for any other Goods or Services, or consideration, monetary or otherwise.
Refunds, exchanges, cancellations, and transfers
15. We adhere to the LPA Code.
16. Except where required by law or otherwise detailed in these Terms, there will be no refund of any Tickets. This includes but is not limited to where there has been a variation to any of the Goods and Services (including without limitation if an event ends before the scheduled time, or our entry and exit times are varied), if you are refused entry to or ejected from the Sites due to your failure to comply with these Terms, or if you fail to redeem your Ticket for part or all of the Goods and Services to which it relates. Except in the case of exceptional circumstances, we will not provide a refund if you change your mind or if there is a change to your personal circumstances.
17. The Goods and Services will take place rain, hail or shine (unless Mona determines otherwise in its absolute discretion). You should be prepared for all weather conditions, and bad weather will not constitute a reason for a refund unless required by law or under the LPA Code.
18. You may transfer the date or obtain a refund for a Mona Experience package; including but limited to Mona Like a Rockstar, Posh As Day, Wine Meets Art, Ladies Lounge, Dinner with David and the Turrell Experience; no later than 72 hours prior to the Experience start time by contacting Mona at tickets@mona.net.au or phone (03) 6277 9978, and quoting your order number.
19. You may transfer or obtain a refund or exchange for museum entry, ferry or bus Tickets, or restaurant booking no later than 48 hours prior to:
a. the ticketed admission date and time for entry into the Mona museum (or separate ticketed art experience or exhibition);
b. the ticketed departure date and time of the ferry or bus transport; or
c. the time of your booking at any restaurant or eatery
by contacting us at tickets@mona.net.au or phone (03) 6277 9978, and quoting your order number.
20. If you would otherwise like to request a Ticket refund in accordance with these Terms, please contact Ticket Support via email (tickets@mona.net.au) or phone (+61 (3) 6277 9978), where your submission will be reviewed in accordance with LPA Code and Australian Consumer law.
21. Where refunds are granted, they will be made to the card or account from which the original purchase was made. Refunds will be less any booking fees or charges unless we are otherwise required to refund these in accordance with the LPA Code or Australian Consumer Law.
22. Mona may, in its sole discretion, allow you to exchange Tickets to obtain a credit towards other Goods and Services. Where we agree to an exchange, rebooking fee and administration fees may apply.
23. If you are late for any scheduled Ticket time, you will not be eligible for a full or partial refund, credit or other reimbursement.
24. If you decide to cancel your Ticket, and we have already incurred costs as a direct result of your booking, you must pay:
a. any cancellation fees that are imposed on Mona by third parties as a result of your cancellation; and
b. any other costs that are directly incurred by Mona as a result of your cancellation.
No Refunds unless from Official Third Party Ticketing Partners
25. Mona and our Official Third Party Ticketing Partners are the only authorised sellers of Tickets. If you purchase Tickets from another source, individual, or any other unauthorised reseller, you risk that these Tickets are fake, void, or have previously been cancelled. Purchasing tickets from an unauthorised Ticket seller means that we cannot refund you if the Goods and Services are cancelled, and we cannot inform you of important changes to the Goods and Services (including reschedules or relocations).
Force Majeure Event
26. If Mona cannot provide the Goods and Services (in whole or in part) due to a Force Majeure Event, Mona may, at their sole discretion:
a. Reschedule. Mona may reschedule the Goods and Services and allow you to redeem your Ticket for any rescheduled date(s) as advertised on the Website or otherwise notified to you. In these circumstances, we will continue to hold payment for your Ticket and you shall not be entitled to a refund unless you notify us within four (4) weeks of our publication of the reschedule date that you cannot attend;
b. Relocate. Mona may relocate any Goods and Services to an alternate venue or location. Where the new venue or location is significantly different to the original venue or location notified to you at the time of purchase, you may be entitled to a refund if you notify Mona within four (4) weeks of publication of the new venue or location that you cannot attend; or
c. Cancellation. If the Goods and Services are cancelled by Mona due to a Force Majeure Event, then we will grant you a refund (less any booking fees and charges). Refunds should be applied for within four (4) weeks from the announcement of cancellation.
d. If only part of the Goods and Services are cancelled, significantly relocated, rescheduled, or otherwise significantly varied, we may offer you a pro-rata refund if it is reasonable to do so in the circumstances.
RESALE TERMS AND CONDITIONS
27. Resale applies to select sold-out music or event tickets, at the discretion of Mona. Resale is not available for Winter Feast, The Mona Gala, Night Shift, The Nude Swim, museum entry, transport, tours and food and beverage offerings.
28. Resales can only be offered on tickets purchased through Mona and do not apply to third party ticket sales.
29. Resales can only be requested by the ticket holder and must be requested more than 24 hours prior to the event start time.
30. For eligible events, tickets will be released for resale by Mona upon the show being sold out.
31. While your resale request is in progress you agree to not offer your tickets to anyone else.
32. Resales may be cancelled by the ticket holder at any time during the resale period before the ticket is resold.
33. Resale requests for complimentary tickets or tickets to free events will be considered a forfeiture.
34. Where successfully resold you will be notified via email. The ticket amount less any booking fees or charges will be refunded back to the card used for the original purchase. Refunds processed may take up to 14 business days for the funds to appear in your account.
35. Unsuccessful resales are ineligible for refund.
a. For general admission events, your ticket will be made available for sale on the door. You’ll be notified of this via email on the day of the event and given the option to cancel your resale and reclaim your tickets. To reclaim your tickets contact us ahead of time by phone or email or speak to staff in person at the venue box office.
b. For seated events, you will be notified the day of the performance whether your resale was successful or not. If unsuccessful your resale will be cancelled and your ticket/s reinstated unless you speak with Mona ticketing staff and expressly request your ticket/s continue to be available for resale at the venue box office.
c. If you are unable to attend, you are welcome to cancel your resale and give your ticket/s to a friend for them to use.
36. The ticket holder can cancel a resale by calling +61 (3) 6277 9978 or emailing tickets@mona.net.au prior to the event start time (please note the operating hours are 9am - 5pm, 7 days).
a. Cancellation requests are subject to the ticket/s still being available for sale at the time the cancellation request is actioned.
GENERAL TERMS
You agree and acknowledge that by purchasing any Tickets, accessing our Sites and/or accessing or using our Goods and Services you agree to be bound and comply with our General Terms.
Minimum Age
1. Mona has the right to impose a Minimum Age for individuals to attend, use, or access the Goods and Services or to partake in certain activities as a part of the Goods and Services (e.g. the purchase of alcohol) . You must provide Photo ID to the satisfaction of Mona to verify that you are the Minimum Age. You may be required to provide Photo ID at various times whilst attending our Sites or accessing and using the Goods and Services.
Consent to Search
2. You consent to a search of you and/or your possessions. This may be conducted at the time of entry or at other times if requested by Mona. This may include, but is not limited to, bag checks, pat downs, metal detector tests and drug detection tests. If you do not consent to such searches, you may be denied entry to the Sites and/or access to the Goods and Services, or ejected from the Sites (as applicable).
Recording and Photographs
3. The following is strictly prohibited whilst attending the Sites:
a. flash photography;
b. filming and photography (other than for a personal and non-commercial purpose) without media accreditation issued by Mona; and
c. professional photography equipment (including, but not limited to tripods, telephoto lenses, any lens over 20cm or any detachable lens).
4. Mona shall determine in its absolute discretion, whether photography equipment is considered to be professional photography equipment.
5. Subject to the above, personal digital cameras (including smartphones) are permitted.
6. Photos of any artworks, artists, musicians and/or performers are permitted only on the basis that images are only used for private and personal use; and are not made available for sale and/or public display.
7. Mona reserves the right to confiscate and/or delete any unauthorised or prohibited recording, film, photography, or content, and to eject from the Sites any person contravening this clause.
8. You consent to Mona (or any person authorised by it) capturing your likeness, image, and voice in any audio recordings, audio-visual recordings (including CCTV footage), and photographs in connection to your use or access to the Goods and Services (“Recordings”). In the event that you hold any rights in the Recordings, without any fee or compensation payable to you, you irrevocably assign to Mona any and all benefit, right, title and interest in and to the Recordings (including those owned, controlled or created by you) to Mona, so Mona may use the Recordings in any context in any and all media now known or later devised absolutely, in perpetuity, throughout the world (including for advertising, marketing and promotional purposes whether in respect of Mona or third parties), free from any claims whatsoever from you. You waive all moral or other similar rights in respect of your performance or participation in the Recordings that you may be entitled to under the laws of any jurisdiction throughout the world in perpetuity. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of everyone throughout the world, to Mona, its licensees and assignees doing or authorising the doing of any act or making or authorising the making of any omission which may infringe your moral rights in respect of the Recordings.
Safety
9. You must follow all reasonable directions:
a. given by Mona representatives, including but not limited to security, bar, and traffic management personnel;
b. conveyed on signage or other notices whilst attending any Sites and accessing or using the Goods and Services.
10. You must comply with all applicable laws (including regulations) at all times whilst attending any Sites and accessing or using any Goods and Services (including but not limited to liquor licensing, smoking laws and any physical distancing orders).
11. Mona may authorise or instruct, in its absolute discretion, its personnel to carry out or perform any of the obligations or functions of Mona in connection with the Goods and Services.
12. In the case of an emergency or serious injury, you must follow all official directions of Mona or its personnel, and any emergency services personnel.
13. You must take reasonable care when moving around the Sites. You must move in an orderly fashion, in accordance with the directions of the Mona personnel, and you must not do anything that may hinder, or prevent, the safe passage of other people.
Injury or illness
14. In the event of injury or illness Mona or their personnel may, at your sole expense, arrange medical treatment and/or emergency evacuation as deemed necessary or advisable (in the opinion of Mona or Mona’s personnel) for your health and safety, or for the health and safety of other persons.
Refusal of entry or ejection
15. Mona reserves the right to, and to authorise or instruct personnel to, refuse entry or eject any person from any Sites that:
a. fail to comply with these Terms;
b. is not over the Minimum Age (where applicable);
c. is unable to provide valid and current Photo ID.
d. appears to be unwell or is showing symptoms of a contagious disease;
e. engages in any illegal activity or behaviour or any activity or behaviour deemed in Mona’s absolute discretion to be unsafe, disorderly or antisocial, including without limitation being intoxicated or affected by alcohol or drugs;
f. entering non-public or designated no access areas of the Sites or areas of to which your Ticket does not permit access;
g. causing damage to property or goods at any Site (including without limitation any artwork); or
h. acting in a violent, threatening, inappropriate, abusive, aggressive, sexist, racist or discriminatory manner, or for any other reason in Mona’s absolute discretion.
Prohibited items
16. Prohibited Items are not permitted to be brought to the Site, other than medical or mobility equipment or items necessary for your health that may otherwise be considered a Prohibited Item. If you are found in possession of a Prohibited Item you will be asked to leave the Site and may return without the Prohibited Item. If you refuse, you will be evicted from Site and Mona may notify the police.
17. Mona may confiscate any Prohibited Items or any other items which Mona, in its absolute discretion, considers may be used in an illegal, unsafe, antisocial or offensive manner. Confiscated items will not be returned, replaced or reimbursed, and proceeds from confiscated items (if any) will be donated to charity.
18. If you have any medical or mobility equipment necessary for your health that may otherwise be considered a Prohibited Item, please bring this to the attention of Mona personnel.
Alcohol, Smoking, Drugs and Illicit Substances
19. You must not bring alcohol when attending the Sites. Only alcohol purchased from Mona or a Mona authorised vendor may be consumed in permitted areas on the Sites. You must be the Minimum Age or over to purchase and/or consume alcohol. If you are found supplying or buying alcohol for any person under the Minimum Age you will be ejected from the Sites and Mona may report your conduct to the police.
20. Mona may make available designated smoking areas in their sole discretion. Smoking and/or vaping is only permitted in designated smoking areas. Any person found smoking (other than in a designated smoking area) may be ejected from the Sites.
21. If you are found supplying, consuming or in possession of illicit drugs or illegal substances, you will be ejected from the Sites and Mona may notify the police.
Restricted Capacity Areas
22. You acknowledge that Mona may set restrictions on the number of people that can attend certain areas, such as within buildings or structures, within enclosed areas or at stages (“Restricted Capacity Areas”). Once the maximum capacity, as determined by Mona, in any Restricted Capacity Area has been reached, Mona may prevent further admissions to the Restricted Capacity Areas. Your purchase of a Ticket does not guarantee admission to Restricted Capacity Areas where the maximum capacity has been reached.
Clothing, footwear, and signage
23. Appropriate clothing and closed footwear must be worn at all times. Any person wearing high heels, studded clothing, or other clothing items which pose a safety threat or may otherwise cause offense, in Mona’s sole discretion, may be refused entry or ejected from the Sites.
24. You are not permitted to display any commercial, religious, political, or other signage at the Sites without the prior written consent of Mona.
Movement around the Sites
25. Where maps of the Sites are made available by Mona, you should familiarise yourself with the layout of the Sites, including the location of any emergency exits, to assist with moving around the Sites safely in the event of an emergency.
26. Mona will endeavour to make the Sites accessible for those using wheelchairs, mobility scooters or with a disability; however you acknowledge that the Sites may have pre-existing natural terrain or pre-existing structures and facilities, which in some cases may render it impossible, impractical, unsafe or contrary to building laws or regulations to make all areas of the Sites accessible for all patrons. By purchasing a Ticket, you acknowledge and understand that some public areas of the Sites may not be accessible by all patrons. If you have any concerns about the accessibility of the Sites, please contact Mona prior to your purchase of Goods and Services or entry to the Sites for more information.
Environment and facilities
27. Please be respectful of the environment and place any litter in the recycle or other bins provided. You must not damage, improperly use, or tamper with any property or facility at any Sites, or intentionally or recklessly cause any damage or interference to the area surrounding the Sites.
28. When exiting any Sites, you must remove all of your belongings, rubbish, and recycling. Mona will not be responsible for any of your property left at the Sites and Mona may discard, sell or donate to charity any property left at the Sites.
Limitation of liability, warranties, disclaimers, and indemnity
29. Unless required by law, we are not responsible for any travel, accommodation, food, or other expense or costs that you may incur in connection to your use or access to the Goods and Services or as a result of any cancellation, relocation or rescheduling of any Goods and Services. You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements to use and/or access the Goods and Services. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling, loss, or relocation.
30. The Goods and Services, Sites, and Platforms are provided ‘as is’ and ‘as available’ and to the extent permissible by law, Mona makes no warranties or representations regarding:
a. the suitability of the Goods and Services (any photos used in connection with the promotion and marketing of the Goods and Services are illustrative only and should not be relied upon as an accurate description of the Goods and Services); and
b. all information and materials provided through the Platforms.
To the maximum extent permissible under applicable law, Mona specifically disclaims all warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, and non-infringement. Further, no warranties shall be implied by any course of dealing or course of performance.
31. Mona is not liable to you or anyone else if interference with or damage to your computer systems or device occurs in connection with the use of the Goods and Services and Platforms or a third-party linked website. You must take your own precautions to ensure that your use of the Platforms is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
32. To the maximum extent permitted by law, you hereby indemnify and hold harmless the Released Parties from and against any and all Claims incurred by any of the Released Parties (even if Mona has been advised of the possibility of such Claim, or the possibility of such loss or damage was otherwise foreseeable) in connection with;
a. your purchase of any Goods and Services; including but not limited to
i. damage to your or any other person’s computer or device resulting from purchase of Goods and Services
ii. any theft, loss or damage to your property (including motor vehicles) in connection to your use or access to any of the Goods and Services
iii. any variation to the Goods and Services as contemplated in these Terms;
iv. your choice to consume any alcoholic beverages or participate in any activities during your use or access of the Goods and Services;
v. any other loss or damage caused by the your negligence or the unforeseeable actions of other patrons or guests of Mona;
b. your breach of these Terms;
c. your misuse of the Platforms;
d. your breach of any law, regulation or third party right; or
e. any claim that your Materials caused damage to the third party.
33. Notwithstanding anything else in these Terms, if any of the exclusions or limitations set out above are declared illegal or void, then to the extent permitted by law, Mona’s liability for breach of any term, condition, warranty, statement, or assurance contained or related to these Terms is limited to the retail value of the Goods and Services. Where permitted under the Australian Consumer Law, Mona limits its liability in respect of breach of any statutory guarantee under the Australian Consumer Law to:
a. in the case of services:
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again.
b. in the case of goods:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of repairing the goods, or replacing the goods, or of acquiring equivalent goods.
Complaints
34. If you wish to make any complaint regarding Mona’s Goods and Services, please email us at tickets@mona.net.au or phone +61 3 6277 9978 and quote your order number.
35. Complaint handling will adhere with the LPA Code.
Miscellaneous
36. If any provision or part of a provision of the Terms is held or found to be void, invalid or otherwise unenforceable, it will be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of that provision will remain in full force and effect.
37. In the event that any of our Official Third Party Ticketing Partners or Payment Partners’ advertised terms and conditions in connection with the Goods and Services conflict with these General Terms, these General Terms shall prevail to the extent of any such conflict or inconsistency.
38. Mona may novate or assign its rights and/or obligations under the Terms. Where the assignee or novatee assumes the rights and/or obligations of Mona under these Terms, Mona shall be released from all such rights or obligations.
39. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
40. These Terms represent the entire agreement between you and Mona relating to the subject matter herein and your use of and access to the Goods and Services, our Sites and Platforms, and will not be modified except in writing, signed by both parties, or by a change to these Terms made by Mona as set out above.
41. The Terms shall be governed by and construed in accordance with the laws of the state of Tasmania, Australia and the parties irrevocably and unconditionally submit to the jurisdiction of the courts in that state.
PLATFORM TERMS
1. These terms and conditions apply to the use and access of Platforms (including the Website).
Intellectual Property
2. You acknowledge that Mona owns or licences all legal right, title and interest in and to the Platforms and all materials on the Platforms, and all intellectual property rights which subsist in the Platforms including but not limited to all data, text, graphics, logos, photos, music, lyrics, recordings, videos, software, downloads, look, feel, chats, etc.
Errors and Omissions
3. Mona endeavours to take reasonable care to ensure that information and material published on the Platforms is free from errors and kept up to date, however we do not make any warranties in relation to the accuracy, currency, reliability or completeness of any content that is published on our Platforms, whether or not that content was published by us or third party users. We encourage you to make your own enquiries before using or relying on any information provided on the Platforms, and if you choose to do so, you do so at your own risk and Mona shall not be responsible for any errors, omissions, or claims for loss or damages arising from your use of or reliance on any information on the Platforms.
4. Further, any opinions or views expressed on the Platforms do not necessarily reflect the official policy or position of Mona or our officers, employees and agents. References to a product or service on Platforms shall not be construed as an endorsement or recommendation of that product or service.
Availability
5. The Platforms will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). We reserve the right to cease the operation of Platforms, or any part thereof, at any time without prior notice or liability to you.
Use of Platforms
6. Subject to your compliance with these Terms, Mona grants you a limited non-exclusive, worldwide, revocable, non-transferable licence to use the Platforms for personal and non-commercial purposes only.
7. You agree that you will not in connection to your use of the Platforms:
a. harvest any information or communicate another person’s information or details without their prior consent;
b. use, share, upload, create or deal in any way with material that contains “viruses”, “Trojan horses”, “copybots”, “worms”, spyware, “time bombs”, “cancelbots” or any other computer programs or codes that are intended to damage, interrupt, destroy, detrimentally interfere with or limit the functionality of any computer system, computer software or hardware, data, personal information or telecommunications equipment or other such device;
c. modify, or attempt to modify, any underlying computer code in the Platforms and/or any related material;
d. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Platforms;
e. “frame” or “mirror” any part of the Platforms;
f. directly or indirectly send “spam”, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, unauthorised advertisements or unauthorised promotion; and
g. take action to circumvent any measures that Mona may use to restrict access to the Platforms.
If you do engage in such conduct, the above licence shall be immediately revoked and we may take whatever steps are necessary to stop and/or prevent such behaviour, including suspending your use of or access to the Platforms.
8. If Mona enables you to post, upload, display, or otherwise make available Materials on the Platforms, you:
a. warrant that you own the Materials.
b. grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Materials. This licence is granted by you to us for the limited purpose of operating, developing, providing, and improving the Platforms, and researching and developing new products associated with our Goods and Services;
c. agree that any Materials you place or that you authorise us to place on the Platforms may be viewed by other users visiting the Platforms;
d. will not post any Materials that:
i. infringes any proprietary rights of any third party (including intellectual property rights);
ii. brings or could bring Mona into disrepute;
iii. is or could reasonably be considered to be deceptive, misleading, false, fraudulent, obscene, defamatory, disparaging, indecent, seditious, offensive, scandalous, sexually explicit, threatening, abusive, harassing, hateful, degrading, intimidating, graphically violent, liable to incite racial hatred, discriminatory, blasphemous or otherwise inappropriate;
iv. unlawfully impersonates any person (including by way of celebrity look-a-likes or sound-a-likes), or states or misrepresents any affiliation with any person where such affiliation does not exist;
v. depicts, encourages, promotes or induces conduct that could violate any law or give rise to criminal or civil liability;
vi. contains any personally identifying or other personal information about you or any other person (except where expressly requested by us in order to provide the Goods and Services to you);
vii. is in breach of confidence or in breach of privacy, or contains any confidential information, material, or non-public information about any individual, person, or company without express approval of the individual, person, or company; or
viii. contains or omits any information or instruction that might be injurious to any person’s physical or mental wellbeing.
9. You acknowledge that Mona is not responsible for any interactions or communications that you may have with any user on the Platforms. Mona is not directly involved in any communications between you and any other user. Although Mona will use reasonable endeavours to monitor and remove any content or material that infringes our Terms, you acknowledge that Mona is not responsible for the acts or omissions of any user. You hereby indemnify Mona against any claim, injury, damage or cost arising out of any interactions you may have with any user through or in connection to the Platforms.
Copyright Infringement
10. If you believe that any Materials or other content hosted on the Platforms infringes your copyright (or the copyright of someone on whose behalf you are authorised to act), please send a notice of copyright infringement (“Infringement Notice”) bearing a signature (or electronic equivalent) of the copyright holder or an authorised representative, and:
a. identification of the copyrighted work or works that you claim has been infringed;
b. indicate where on the Platforms the infringing materials are located;
c. provide your full name and contact information (address, email address and telephone number);
d. indicate that you are the lawful copyright owner or are authorised to act on the owner's behalf;
e. provide the following statements in the body of the Infringement Notice:
i. I hereby state in good faith that I believe that the use of work(s) is not authorised by the copyright owner, its agent or the law.
I hereby state that the information in this Infringement Notice is accurate and, under penalty of perjury, that I am the owner, or authorised to act on behalf of the owner, of the Materials.
11. Upon receipt of the Infringement Notice containing the information outlined above, Mona may:
a. forward the Infringement Notice to the alleged infringer (who may then submit a counter-notice if they believe the Infringement Notice has been wrongly filed); and
a. remove or disable access to the Material that is alleged to be infringing.
Third party website links
12. The Platforms may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Mona does not endorse any of these third party websites or the information, products or services that they provide. You interact with the third party websites at your own risk.
Subscriptions and your Mona Account
13. If you choose to create a Mona Account, you may be required to provide us with certain details including your email address, first and last name, postcode, and telephone number. Any information that you provide to us will be handled in accordance with our Privacy Policy.
14. You agree that you will be the sole user of your Mona Account and that you will not allow any third party to access your Mona Account.
15. You are responsible for your use of any Mona Account and all transactions that occur through that account.
16. If you register and create a Mona Account, you agree to be responsible and/or liable for maintaining the confidentiality and security of passwords and other account identifiers which you nominate. If you become aware of any unauthorised use of your Mona Account, you must notify us as soon as possible.
Purchases
17. You may make purchases through the Platforms from time to time. Purchases may be subject to further terms and conditions as advised to you at the time of making your purchase. You acknowledge any payments made to you by Mona are, unless otherwise required by law, non-refundable and non-returnable.
18. Mona may utilise Payment Partners to process payments made by you. Any payments processed through a Payment Partner will be in accordance with the general terms of that Payment Partner. You are responsible for making your own enquiries into the terms and conditions of the relevant Payment Partner. All enquiries or issues relating to processing of payments must be directed to the Payment Partner. In no event shall Mona be responsible or liable for any payments, processing issue, or error through a Payment Partner.
19. You warrant that you have the required authority to make any payments through our Platforms, including any required permissions or consents from any credit card holder or account holder if you are not the owner or holder of the credit card or account used for the payment.
DEFINITIONS
“Claim” includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, expense or Liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or Mona.
“Force Majeure Event” means event, circumstance, or situation outside of our reasonable control (including but not limited to any act of God, natural disaster, fire, flood, pandemic, council or government sanction or order, actions or decisions of police or other authorities, act of terrorism, war or industrial action.
“GDPR” means EU General Data Protection Regulation 2016/679.
“Goods and Services” means the goods and services offered by Mona (including Tickets and access to the Sites and Platforms) from time to time. For the avoidance of doubt, these Terms apply where any gift voucher or credit is redeemed for the Goods and Services and even if the Goods and Services are complimentary.
“Liabilities” includes liabilities (whether actual, contingent or prospective), losses, damages, outgoings, costs (including legal costs and accounting costs on an indemnity basis) and expenses of whatever description, whether or not ascertained and for the avoidance of doubt includes any liability for any tax.
“LPA Code” means the Live Performance Australia (LPA) Code of Practice for the Ticketing of Live Entertainment in Australia.
“Materials” means you and other users’ comments, images, works, information and other media.
“Minimum Age” means any minimum age imposed at law (or by Mona, if older) in respect of the purchase or use of certain Goods and Services from time to time.
“Mona Account” means the details provided when you subscribe to Mona’s mailing list or create an online account with us.
“Mona Gift Card” means a gift card purchased in accordance with the Mona Gift Card Terms.
“Mona”, “we”, “our”, “us” means:
- Moorilla Estate Pty Ltd;
- the Museum of Old and New Art (Mona);
- Moorilla;
- Mona Foma;
- DarkLab;
- Dark Mofo;
- Mona Pavilions;
- Art Processors;
- our related bodies corporate; and
- other businesses and ventures operated by us.
“Official Third Party Ticketing Partners” are those ticketing partners listed on the Website or who are officially authorised by Mona to sell Tickets. For the avoidance of doubt, unauthorised ticket selling platforms include, but are not limited to, Viagogo, Gumtree, Facebook Marketplace and purchases from individuals or other third-parties not affiliated with Mona.
“Payment Partner” means third party payment platforms and service providers used and authorised by Mona to process payments made by you.
“Photo ID” means photographic identification documents, being either a valid driver’s licence or other official Australian identification card, or an Australian or foreign passport.
“Platforms” means the Website, and any social media pages or channels, Application (including the ‘O’ App), or online service now known or hereafter invented which is owned and/or controlled by Mona.
“Privacy Act” means Privacy Act 1988 (“Privacy Act”) which incorporates the Australian Privacy Principles.
“Prohibited Items” include, without limitation; alcohol; illicit drugs; knives; weapons; fireworks; explosives; glass; compressed gas containers; fires or open flames of any kind; political, religious, offensive or race-related banners, signs, slogans or materials; flares; air horns; sound amplifiers including loudhailers; toy guns or water pistols; smoke bombs and flag sticks; commercial standard recording devices; drones; dogs or other pets (but does not include assistance animals, including trained support dogs, who may accompany their human almost everywhere in accordance with their public access rights); laser pointers; skateboards, roller blades, scooters or bicycles; or items that may interfere with the enjoyment, comfort or safety of other persons or security at the Site.
“Released Parties” means Mona, their personnel; the owners, lessees and controllers of any venue; and the respective members, directors, officers, employees, volunteers, contractors, agents or associated entities of the foregoing.
“Sites” means venues, premises, vehicles, and/or other transport, owned, operated, occupied, or controlled by Mona from time to time for which Goods and Services are made available.
“Tas Resident(s)” means a permanent resident of Tasmania.
“Ticket” means an entry ticket to the Site(s) including (as applicable):
a. Mona organised events such as:
i. Mona organised and endorsed concerts;
ii. Mona Foma events;
ii. Dark Mofo events;
b. Mona museum entry and any separately ticketed art experiences or exhibitions;
c. Mona organised transport such as ferry and bus transfers; and
d. Mona organised and operated tour, food and beverage tasting, or other special event,
and includes any other equivalent or replacement for a Ticket e.g. entry pass, wristband, pass out stamps.
“Website” means www.mona.net.au, and any other website owned and/or controlled by Mona.
“you”, “your” means the person who purchases the Goods and Services and/or will use a Ticket (as applicable).